HomeMy WebLinkAboutCity Council Resolution 2003-088CITY OF PLYMOUTH
RESOLUTION 2003-088
DENYING A VARIANCE TO SIDE -YARD SETBACK TO CONSTRUCT AN ABOVE -
GRADE CANTILEVER ADDITION 8 FEET 4 INCHES FROM THE SIDE PROPERTY LINE
WHERE THE ZONING ORDINANCE REQUIRES 15 FEET FOR MICHELLE BROUSSEAU
FOR PROPERTY LOCATED AT 3735 WELLINGTON LANE (2002145)
WHEREAS, an application has been filed by Michelle Brousseau requesting approval of a
variance for an 8 -foot, 4 inch side -yard setback where the Zoning Ordinance requires 15 feet, and
WHEREAS, the subject property is legally described as follows:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request of Michelle
Brousseau for a variance for an 8 -foot, 4 -inch side -yard setback, for property located at 3735
Wellington Lane, based upon the following findings:
1. The applicant has a reasonable use of the property.
2. The proposed addition is not a reasonable use of the property. The 15 foot setback
required by the zoning ordinance was a legislative policy decision. The setback
requirement reduces overcrowding, provides privacy, provides for the passage of light and
air. The applicant has provided no compelling reason to allow for a deviation from the
ordinance standard.
3. There are no physical or topographical conditions that require the applicants to build an
extension of the kitchen 8 feet, 4 inches from the side -yard property line. The applicant
has stated that her lot is narrower toward the rear of the property and wider toward the
street and that a hardship results. In general, this shape does make additions more
Resolution 2003-088
(2002145)
Page 2
difficult, but for this property the irregular shape is not the cause of the hardship because
the entire addition encroaches into the required setback.
4. The conditions relating to the hardship are not unique to this property as all the homes in
this subdivision and others developed as a Subdivision Unit Project were rezoned to RSF-
1 in 1996 and must conform to the RSF-1 requirements.
5. The hardship the applicant described relating to the antique table and the wheelchair
access around the table are inconveniences created by a landowner and are not hardships
unique to the property.
6. Granting the variance may be detrimental to other land or improvements in the
neighborhood as it would allow the applicant to extend the living portion of the home
closer than originally intended when the lot was created and closer than would be allowed
by the current RSF-1 zoning.
7. No hardship exists.
ADOPTED by the City Council on February 11, 2003.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on February 11, 2003, with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk